Meghalaya High Court bats for CBI probe into illegal coal mining

The Meghalaya High Court on Tuesday expressed its disapproval at the proliferation of illegal coal mining and associated activities in the State despite the Court's interventions in the matter [Champer M Sangma vs State of Meghalaya and ors]..A bench of Chief Justice Sanjib Banerjee and W Diengdoh suggested that the Central Bureau of Investigation (CBI) should look into the issue."Since repeated orders over the last 15 months have yielded little result and the illegal trade in coal has its tentacles in other neighbouring or nearby States, particularly Assam, it may be in public interest to require the Central Bureau of Investigation to inquire into the matter," the High Court stated..The Court also took exception to a submission made by the Deputy Commissioner of South Garo Hills that all illegally-mined coal as well as coking plants have been seized. The Court noted that such a stance was taken despite video footage showing otherwise. The bench also took a serious view of the scale of the issue and the involvement of State officials, while observing that the ground reality is different from claims of normalcy made by the concerned authorities."There are credible reports carried in local newspapers that there are fixed rates at various levels for those in authority to look the other way as this menace ravishes the State and deprives it of the rightful revenue that could have been generated upon scientific mining being permitted after issuing due license therefor," the Court observed..The Court hoped that rule of law would prevail in terms of such operations being halted as well as the safety of public-spirited persons who report the menace. The Court warned that it would hold the State responsible if any harm is caused to persons reporting such activities. "The State is put on notice that should any harm, even the slightest scratch or sprain, come to any of the petitioners in this and the other matters pertaining to illegal coal-mining and illegal coke oven operations, the State will be held responsible," the Court said. .Further, the bench deprecated the conduct of a counsel for one of the coke plant operators who had sought adjournments despite being told not to do so multiple times."The respondent ... has spared no efforts to scuttle this matter, whether by seeking adjournments or by trying to divert the attention of the Court to irrelevant matters ... it is unfortunate that Counsel lends his cause for an adjournment to be sought by what appears to be an entity or a group of persons having complete disregard for law and authority," the Court remarked..Before listing the matter for further hearing on July 13, the Court also directed the State to explain whether its police or other machinery could inspire any confidence in tackling the issue..Advocates S Dey and S Deb represented the petitioner.Additional Advocate General K Khan, Deputy Solicitor General Dr. N Mozika, Senior Advocate P Bora with advocates S Sengupta, R Colney, A Pradhan, R Mostafi, and D Nath appeared for the respondents..Coal mining in Meghalaya is being restored in a limited capacity in phases, after the Supreme Court in 2019 set aside a 2014 order of the National Green Tribunal that had ordered a blanket ban on coal mining in the State..The Meghalaya High Court is presently seized of several public interest litigation (PIL) petitions, including a suo motu one, raising grievance against illegal mining and coke plants in the State.Last month, while hearing one such petition, the Court had noted that the Meghalaya government had done very little to curb the illegal mining of coal and its transportation to illegal coke plants in the State.Concerns had also been flagged that several coke oven plants were being allowed to function in the West Khasi Hills District without any license or permission.In response, the High Court had expanded the scope of inquiry of a one-person committee, comprising retired Gauhati High Court judge BP Katakey, looking into such issues. The commission has also been tasked to examine the role of conniving officials who were allowing such practices.Last year, the High Court had warned that the issue needs to be deeply probed without any political agenda.In March 2022, the Court observed that such illegal activities were being carried out with the connivance of the local administration.In February this year, the High Court ordered the deployment of Central Armed Police Forces (CAPF) to monitor and stop the practice..[Read order]